TRIPTI MANISH SAHNI Vs. MANISH GOBINDRAM SAHNI

JUDGEMENT

(1.) Rule. Made returnable forthwith.

(2.) The matrimonial home is flat No. 703 in a building called Usha Garden. The flat was purchased in the joint names of the husband and his mother on 6th April, 2006. After the basic payment was made, loan from Citibank was obtained by the purchasers. EMIs towards that loan were not paid. Citibank threatened action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Securitisation Act).

(3.) The wife applied to direct the husband to pay the EMIs to protect the flat which was their matrimonial home. The husband by his reply applied to sell off the flat. The Court considered it improper to allow the husband to sell off the flat. The Court observed if that was allowed, the wife and children would have no premises for residence and "they would come on roads". However the Court did not direct the husband to pay the EMIs also. Hence both the applications came to be rejected under the order dated 23rd August, 2011 impugned in the petition.